FARMERS UNION v. WDAY

No. 248.

360 U.S. 525 (1959)

FARMERS EDUCATIONAL & COOPERATIVE UNION OF AMERICA, NORTH DAKOTA DIVISION, v. WDAY, INC.

Supreme Court of United States.

Decided June 29, 1959.


Attorney(s) appearing for the Case

Edward S. Greenbaum and Harriet F. Pilpel argued the cause for petitioner. With them on the brief were Morris L. Ernst, Nancy F. Wechsler and Charles F. Brannan.

Harold W. Bangert argued the cause and filed a brief for respondent.

Douglas A. Anello argued the cause for the National Association of Broadcasters, as amicus curiae, urging affirmance. With him on the brief was Walter R. Powell, Jr.

Herbert Monte Levy filed a brief for the American Civil Liberties Union, as amicus curiae, urging affirmance.

Solicitor General Rankin, Ralph S. Spritzer, Richard A. Solomon and John L. Fitzgerald were on a memorandum for the United States, as amicus curiae.


MR. JUSTICE BLACK delivered the opinion of the Court.

We must decide whether § 315 of the Federal Communications Act of 1934 bars a broadcasting station from removing defamatory statements contained in speeches broadcast by legally qualified candidates for public office, and if so, whether that section grants the station a federal immunity from liability for libelous statements so broadcast. Section 315 reads:

"(a) If any licensee shall permit any person...

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